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48 CFR · Federal Acquisition Regulation and Defense supplement

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The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

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46 sections with “brand name”: the first 40

  • FAR 11.104 Use of brand name or equal purchase descriptions.
    …ifications is preferred to encourage offerors to propose innovative solutions, the use of brand name or equal purchase descriptions may be advantageous under certain circumstances. (b) Brand name or equal purchase descriptions must include…
  • FAR 52.211-6 Brand name or equal.
    As prescribed in 11.107(a), insert the following provision: Brand Name or Equal (AUG 1999) (a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of qual…
  • DFARS 211.104 Use of brand name or equal purchase descriptions.
    A justification and approval is required to use brand name or equal purchase descriptions— (1) When using sealed bidding or negotiated acquisition procedures (see 206.302-1(c)(2) for justification requirements); or (2) When using the simp…
  • FAR 8.405-6 Limiting sources.
    …ms peculiar to one manufacturer. An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, …
  • FAR 13.501 Special documentation requirements.
    (a) Sole source (including brand name) acquisitions. (1) Acquisitions conducted under simplified acquisition procedures are exempt from the requirements in part 6. However, contracting officers must— (i) Conduct sole source acquisitions, a…
  • FAR 52.216-21 Requirements.
    …Government use and resale in the same Schedule, and similar products may be acquired on a brand-name basis, add the following paragraph (g) to the basic clause: (g) The requirements referred to in this contract are for items to be manufact…
  • FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.
    …tional units or replacement items, and only one source is available. (c) Application for brand-name descriptions. (1) An acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a…
  • FAR 13.106-1 Soliciting competition.
    … purchased and whether it is highly competitive and readily available in several makes or brands, or is relatively noncompetitive. (ii) Information obtained in making recent purchases of the same or similar item. (iii) The urgency of the …
  • FAR 16.505 Ordering.
    …ify restricting consideration to an item peculiar to one manufacturer (e.g., a particular brand-name, product, or a feature of a product that is peculiar to one manufacturer). A brand-name item, even if available on more than one contract, …
  • FAR 5.202 Exceptions.
    …e proposed contract action is an order placed under subpart 16.5. When the order contains brand-name specifications, see especially 16.505(a)(4); (7) The proposed contract action results from acceptance of a proposal under the Small Busine…
  • FAR 6.302-5 Authorized or required by statute.
    …de through another agency or from a specified source; or (ii) The agency's need is for a brand name commercial product for authorized resale. (b) Application. This authority may be used when statutes, such as the following, expressly auth…
  • FAR 11.105 Items peculiar to one manufacturer.
    Agency requirements shall not be written so as to require a particular brand name, product, or a feature of a product, peculiar to one manufacturer, thereby precluding consideration of a product manufactured by another company, unless— (a)…
  • FAR 11.107 Solicitation provision.
    (a) Insert the provision at 52.211-6, Brand Name or Equal, when brand name or equal purchase descriptions are included in a solicitation. (b) Insert the provision at 52.211-7, Alternatives to Government-Unique Standards, in solicitations t…
  • FAR 36.202 Specifications.
    … specifications promulgated by governments, industries, or technical societies. (c) When brand name or equal descriptions are necessary, specifications must clearly identify and describe the particular physical, functional, or other charac…
  • FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
    …f known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of…
  • FAR 52.246-21 Warranty of Construction.
    …ate I (APR 1984). If the Government specifies in the contract the use of any equipment by brand name and model, the contracting officer may add a paragraph substantially the same as the following paragraph (k) to the basic clause: (k) Defe…
  • DFARS 202.101 Definitions.
    …means a company that produces goods under contract for another company under the label or brand name of that company. Contracting activity for DoD also means elements designated by the director of a defense agency which has been delegated …
  • DFARS 206.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.
    …ed foreign source under the DoD Foreign Comparative Testing Program. (c) Application for brand-name descriptions. (2) Notwithstanding FAR 6.302-1(c)(2), in accordance with section 888(a) of the National Defense Authorization Act for Fisca…
  • DFARS 213.501 Special documentation requirements.
    (a)(i) Sole source (including brand name) acquisitions. For noncompetitive follow-on acquisitions of supplies or services previously awarded on a noncompetitive basis, include the additional documentation required by PGI 206.303-2(b)(i) and…
  • DFARS 214.202-5 Descriptive literature.
    (c) Requirements of invitation for bids. When brand name or equal purchase descriptions are used, use of the provision at FAR 52.211-6, Brand Name or Equal, satisfies this requirement.
  • DFARS 252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System.
    …means a company that produces goods under contract for another company under the label or brand name of that company. Contractor-approved supplier means a supplier that does not have a contractual agreement with the original component manu…
  • DFARS 252.246-7008 Sources of Electronic Parts.
    …means a company that produces goods under contract for another company under the label or brand name of that company. Contractor-approved supplier means a supplier that does not have a contractual agreement with the original component manu…
  • FAR 5.102 Availability of solicitations.
    …ss through the GPE is not in the Government's interest. (6) When an acquisition contains brand name specifications, the contracting officer shall include with the solicitation the justification or documentation required by 6.302-1(c), 13.1…
  • FAR 5.301 General.
    …ers or Blanket Purchase Agreements supported by a limited-source justification (excluding brand name) in accordance with 8.405-6; or (ii) Task or delivery orders awarded without providing fair opportunity in accordance with 16.505(b)(2). …
  • FAR 5.406 Public disclosure of justification documents for certain contract actions.
    …on must be posted in accordance with 6.305. (b) Limited-source justifications (excluding brand name) for FSS orders or blanket purchase agreements with an estimated value greater than the simplified acquisition threshold must be posted in …
  • FAR 6.305 Availability of the justification.
    … justification shall be posted within 30 days after contract award. (c) In the case of a brand name justification under 6.302-1(c), the justification shall be posted with the solicitation (see 5.102(a)(6)). (d) The justifications shall be…
  • FAR 13.105 Synopsis and posting requirements.
    …liers to develop quotations or offers. (c) See 5.102(a)(6) for the requirement to post a brand name justification or documentation required by 13.106-1(b) or 13.501. (d) When publicizing contract actions funded in whole or in part by the …
  • FAR 13.106-2 Evaluation of quotations or offers.
    …quotations or offers received one that is suitable to the user, such as the lowest priced brand name product, and quickly screen all lower priced quotations or offers based on readily discernible value indicators, such as past performance, …
  • FAR 13.106-3 Award and documentation.
    …statements, when applicable— (i) Explaining the absence of competition (see 13.106-1 for brand name purchases) if only one source is solicited and the acquisition does not exceed the simplified acquisition threshold (does not apply to an a…
  • FAR 19.502-5 Insufficient reasons for not setting aside an acquisition.
    …s set-aside of the item or service has been made by another contracting activity. (h) A “brand name or equal” product description will be used in the solicitation.
  • FAR 46.403 Government contract quality assurance at destination.
    …ment will normally be inspected for condition and quantity at points of embarkation; (4) Brand name products purchased for authorized resale through commissaries or similar facilities (however, supplies destined for direct overseas shipmen…
  • FAR 46.710 Contract clauses.
    … procedures. (2) If the Government specifies in the contract the use of any equipment by brand name and model, the contracting officer may use the clause with its Alternate I.
  • FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition.
    …t supplied or supplies the covered article or the product or service to the Offeror; (D) Brand; (E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); (F) Item description; (G) Reason …
  • DFARS 206.302-5 Authorized or required by statute.
    …es. For the purposes of 10 U.S.C. 2424, soft drinks manufactured in the United States are brand name carbonated sodas, manufactured in the United States, as evidenced by product markings. (ii) Acquire police, fire protection, airfield oper…
  • FAR 8.405-1 Ordering procedures for supplies, and services not requiring a statement of work.
    …s made in accordance with the basis for selection in the RFQ. (e) When an order contains brand-name specifications, the contracting officer shall post the RFQ on eBuy along with the justification or documentation, as required by 8.405-6. A…
  • FAR 16.506 Solicitation provisions and contract clauses.
    …Government use and resale in the same Schedule, and similar products may be acquired on a brand-name basis, use the clause with its Alternate II (but see paragraph (d)(5) of this section). (4) If the contract involves a partial small busin…
  • FAR 8.402 General.
    …s required by 8.405-1, 8.405-2, and 8.405-3; and (ii) Is required when an order contains brand-name specifications (see 8.405-6). (2) Ordering activities may access eBuy at https://www.ebuy.gsa.gov. For more information or assistance on e…
  • FAR 8.406-1 Order placement.
    … threshold; (2) Services requiring a statement of work (SOW); and (3) Orders containing brand-name specifications that exceed $25,000. (b) Ordering activities may use Optional Form 347, an agency-prescribed form, or an established electr…
  • FAR 32.904 Determining payment due dates.
    …or a contract for the purchase of a commercial product or commercial service, including a brand-name commercial product for authorized resale (e.g., commissary items), the contracting officer may specify a longer period for constructive acc…
  • FAR 32.908 Contract clauses.
    …of a contract for the purchase of a commercial product or commercial service, including a brand-name commercial product for authorized resale (e.g., commissary items). (2) As provided in 32.903, agency policies and procedures may authorize…

FAR (chapter 1)

DFARS (chapter 2, Defense)

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Rule changes in progress: FAR, DFARS. Terms: glossary.